Terms and Conditions - Inkwellmart

Terms and Conditions

Last Updated: January 23, 2025

1 Introduction

Welcome to Inkwellmart! These Terms and Conditions ("Terms") govern your use of our website and the purchase of products from Inkwellmart. By accessing our website or making a purchase, you agree to be bound by these Terms. Please read them carefully before using our services.

Inkwellmart is an e-commerce platform specializing in printer supplies, including printers, ink cartridges, toner, and paper products. We are committed to providing quality products and excellent customer service across the United States.

2 Acceptance of Terms

By using Inkwellmart's website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must not use our website or services.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website after changes are posted constitutes your acceptance of the modified Terms.

3 Product Information and Pricing

Product Descriptions

We strive to provide accurate product descriptions, specifications, and images. However, we do not warrant that product descriptions, pricing, or other content on our website is accurate, complete, reliable, current, or error-free.

  • All products are subject to availability
  • Product images are for illustrative purposes only
  • Actual products may vary slightly from images displayed
  • Specifications are based on manufacturer information

Pricing Policy

All prices are displayed in United States Dollars (USD) and are inclusive of applicable taxes unless otherwise stated. We reserve the right to change prices at any time without prior notice.

  • Prices are subject to change without notice
  • Pricing errors may be corrected without obligation
  • Sale prices and promotions are valid for limited time periods
  • Free shipping applies to orders over USD $99 within the continental United States

4 Orders and Payment

Order Placement

When you place an order through Inkwellmart, you are making an offer to purchase the products. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

  • Product unavailability or out of stock items
  • Pricing or product description errors
  • Suspected fraudulent or unauthorized transactions
  • Orders that cannot be fulfilled for technical or operational reasons

Payment Methods

Inkwellmart accepts the following payment methods:

  • Card Payment: Credit and debit cards (Visa, Mastercard, American Express, Discover)
  • Cash on Delivery (COD): Pay when you receive your order (available for qualifying orders)

All card payments are processed securely. We do not store your complete card information on our servers. By providing payment information, you authorize us to charge the total amount of your order to your selected payment method.

Order Confirmation

After placing an order, you will receive an order confirmation email at the email address provided during checkout. This confirmation does not constitute acceptance of your order. We will send you a separate email once your order has been processed and shipped.

5 Shipping and Delivery

Shipping Policy

We ship to addresses within the United States. Shipping times and costs vary depending on your location and the shipping method selected.

  • Free Shipping: Available for orders over USD $99 (standard shipping to continental United States only). For international shipping, please contact us for details.
  • Standard Shipping: 5-7 business days (continental US)
  • Expedited Shipping: 2-3 business days (additional fees apply, continental US only)
  • Express Shipping: 1-2 business days (additional fees apply, continental US only)

Delivery Times

Delivery times are estimates and are not guaranteed. Inkwellmart is not responsible for delays caused by shipping carriers, weather conditions, holidays, or other circumstances beyond our control.

You will receive a tracking number once your order has shipped. Please ensure that the shipping address provided is correct, as we are not responsible for orders delivered to incorrect addresses provided by the customer.

6 Returns and Refunds

Return Policy

We want you to be completely satisfied with your purchase. If you are not satisfied, you may return eligible items within 30 days of delivery for a refund or exchange.

Eligible Returns:

  • Items must be unused, unopened, and in original packaging
  • Items must include all original accessories and documentation
  • Printers must be in new, unopened condition
  • Ink and toner cartridges must be sealed and unopened

Non-Returnable Items:

  • Opened ink or toner cartridges (unless defective)
  • Items marked as final sale or clearance
  • Damaged or missing items not reported within 48 hours of delivery
  • Items without proof of purchase

Refund Process

Once your return is received and inspected, we will send you an email notification. If approved, your refund will be processed to your original method of payment within 5-10 business days.

Shipping costs are non-refundable unless the return is due to our error (wrong item shipped, defective product, etc.). You are responsible for return shipping costs unless otherwise specified.

7 User Accounts

You may create an account on Inkwellmart to track orders, manage your profile, and enjoy a faster checkout experience. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

8 Intellectual Property

All content on the Inkwellmart website, including but not limited to text, graphics, logos, images, product descriptions, and software, is the property of Inkwellmart or its content suppliers and is protected by United States and international copyright laws.

You may not:

  • Reproduce, duplicate, copy, or resell any part of our website
  • Use our content for commercial purposes without permission
  • Modify or create derivative works from our content
  • Remove or alter any copyright notices or trademarks

9 Product Warranties

Products sold on Inkwellmart are covered by manufacturer warranties where applicable. We are not the manufacturer of the products we sell and cannot extend or modify manufacturer warranties.

Manufacturer Warranties

  • HP printers and supplies come with manufacturer's limited warranty
  • Warranty terms vary by product and manufacturer
  • Warranty claims should be directed to the manufacturer
  • Proof of purchase from Inkwellmart may be required for warranty service

Disclaimer: Except as expressly stated in manufacturer warranties, Inkwellmart makes no warranties, express or implied, regarding the products sold on our website. We disclaim all implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.

10 Limitation of Liability

IMPORTANT LEGAL NOTICE - PLEASE READ CAREFULLY

THE INKWELLMART WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INKWELLMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

INKWELLMART DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. INKWELLMART MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR PRODUCTS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL INKWELLMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or downtime
  • Cost of procurement of substitute goods or services
  • Personal injury or property damage (except as required by law)
  • Emotional distress or loss of privacy
  • Reputational harm or damage to goodwill
  • Loss of use, savings, or other economic loss

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INKWELLMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INKWELLMART'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE WEBSITE, OR ANY PRODUCTS PURCHASED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO INKWELLMART FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

State-Specific Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Accordingly, some of the above limitations may not apply to you.

In such jurisdictions, Inkwellmart's liability will be limited to the greatest extent permitted by law. This limitation of liability section shall survive any termination or expiration of these Terms.

New Jersey Residents: These limitations of liability apply to the fullest extent permitted under New Jersey law. Nothing in these Terms limits liability for fraud, willful injury, or violations of consumer protection laws that cannot be contractually waived.

Essential Basis of the Bargain

You acknowledge and agree that these limitations of liability, disclaimers of warranties, and exclusive remedies are fair and reasonable, and that they are an essential element of the agreement between you and Inkwellmart. The products and services would not be provided to you without these limitations.

11 Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy. By using Inkwellmart, you consent to our collection and use of your information as described in our Privacy Policy.

Information We Collect

  • Name, email address, and phone number
  • Shipping and billing addresses
  • Payment information (processed securely, not stored)
  • Order history and preferences
  • Website usage data and cookies

We do not sell, trade, or rent your personal information to third parties. Your information is used solely for order processing, customer service, and improving your shopping experience.

12 Prohibited Uses

You agree not to use Inkwellmart for any unlawful purpose or in any way that could damage, disable, or impair our website. Prohibited activities include:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights
  • Transmitting viruses, malware, or harmful code
  • Attempting to gain unauthorized access to our systems
  • Engaging in fraudulent transactions or identity theft
  • Harassing, threatening, or defaming others
  • Using automated systems (bots, scrapers) without permission
  • Reselling products for commercial purposes without authorization

13 Governing Law

The substantive laws of the State of Delaware (without regard to conflict of law principles) govern the interpretation and enforcement of these Terms and Conditions. Delaware law applies to the merits of any dispute resolved in arbitration under Section 14.

⚠️ CRITICAL: All Disputes Must Be Arbitrated

This section does NOT grant court jurisdiction. Section 14 (Dispute Resolution and Arbitration) controls all dispute resolution. Except for the limited exceptions in Section 14, you waive your right to bring any dispute in court. See Section 14 for complete details on arbitration and the narrow exceptions allowing court actions.

14 Dispute Resolution and Arbitration

⚖️ IMPORTANT LEGAL NOTICE - PLEASE READ CAREFULLY

This section contains a binding arbitration clause and class action waiver. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. By using Inkwellmart, you agree to resolve disputes through binding arbitration instead of in court.

Informal Resolution First

Before filing any formal dispute, you agree to first contact us to attempt to resolve the issue informally. Please send a detailed description of the dispute to:

Email: legal@inkwellmart.com

Address: Inkwellmart LLC, Legal Department, 5347 Sherman St, Denver, CO 80216

Both parties agree to negotiate in good faith for at least 30 days before initiating arbitration or litigation. This informal process may save both parties time and legal costs.

Binding Arbitration Agreement

YOU AND INKWELLMART AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY arising out of or relating to these Terms, your use of Inkwellmart, or any purchase from us (collectively, "Disputes") will be settled by binding arbitration, except as described below under "Exceptions to Arbitration."

Arbitration is a form of private dispute resolution where both parties present their case to a neutral arbitrator instead of going to court. The arbitrator's decision is final and binding, with very limited rights to appeal.

Federal Arbitration Act Governs This Arbitration Agreement

This arbitration agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce. The FAA exclusively governs: (1) the enforceability of this arbitration agreement, (2) whether disputes are arbitrable, (3) the interpretation of arbitration provisions, and (4) all procedural aspects of arbitration. The FAA preempts any conflicting state laws regarding arbitrability, including the class action waiver.

Substantive law in arbitration: Once a dispute proceeds to arbitration, the arbitrator shall apply the substantive law of Delaware (as stated in Section 13) to decide the merits of the underlying claims. The FAA controls the arbitration process itself; Delaware law controls what legal rules apply to your claims.

CLASS ACTION WAIVER

YOU AND INKWELLMART AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. This means:

  • You waive any right to participate in a class action lawsuit
  • You waive any right to participate in a class-wide arbitration
  • You waive any right to act as a class representative
  • Claims cannot be consolidated with claims of other customers
  • The arbitrator may not consolidate claims without both parties' consent

If a court determines that this class action waiver is unenforceable, then the entire arbitration agreement will not apply to that claim.

Arbitration Process

Arbitration will be conducted according to the following rules:

  • Arbitration Provider: American Arbitration Association (AAA) under their Consumer Arbitration Rules
  • Location: Arbitration will take place in Delaware or your county of residence (your choice)
  • Arbitrator Selection: One neutral arbitrator mutually agreed upon by both parties
  • Governing Law: Delaware law applies (without conflict of law principles)
  • Arbitration Costs: Inkwellmart will pay all AAA filing, administration, and arbitrator fees for claims under $10,000
  • Attorney's Fees: Each party pays their own attorney's fees unless the arbitrator awards them to the prevailing party
  • Discovery: Limited discovery as determined by the arbitrator
  • Decision: The arbitrator must provide a written decision with findings of fact and conclusions of law

Exceptions to Arbitration

The following types of disputes are NOT subject to arbitration and may be brought in court. These are the ONLY disputes that may be litigated in court instead of arbitration:

  • Small Claims Court: Individual claims within the jurisdiction of small claims court (typically under $10,000) may be brought in your local small claims court or Delaware small claims court
  • Injunctive Relief for IP: Either party may seek injunctive or equitable relief in Delaware state or federal courts to prevent actual or threatened infringement of intellectual property rights or misappropriation of confidential information
  • Intellectual Property Disputes: Disputes solely related to the validity or infringement of trademarks, copyrights, patents, or trade secrets may be brought in Delaware state or federal courts
  • Government Actions: Claims brought by federal, state, or local government agencies are not subject to arbitration
  • Arbitration Enforcement: Either party may petition Delaware state or federal courts to compel arbitration, enforce an arbitration award, or vacate an arbitration award (under the limited grounds provided by the FAA)

All other disputes (including contract disputes, product liability, consumer protection claims, warranty claims, tort claims, and statutory claims) must be resolved through binding arbitration as described in this Section 14. Any attempt to litigate such disputes in court will be stayed pending arbitration.

Your Right to Opt Out

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice within 30 days of your first use of Inkwellmart (or within 30 days of any material change to this arbitration provision). The 30-day period begins on the date you first access or use our website.

📧 How to Submit Your Opt-Out:

Option 1: Email (Recommended - Fastest)

Send to: arbitration-optout@inkwellmart.com

Option 2: Mail

Inkwellmart LLC

Attn: Arbitration Opt-Out

5347 Sherman St

Denver, CO 80216

Your opt-out notice must include the following information:

  • Your full legal name (first and last name)
  • Your email address used to access Inkwellmart
  • Your mailing address (street, city, state, ZIP code)
  • Date of first use (approximate date you first visited Inkwellmart.com)
  • Clear statement: "I hereby opt out of the arbitration agreement in Inkwellmart's Terms and Conditions"
  • Your signature (handwritten for mail, or type your name for email)
  • Date of the opt-out request

⏰ Important Deadline Information:

Your opt-out must be postmarked or emailed within 30 days of your first use of Inkwellmart. We recommend emailing your opt-out request to ensure timely delivery and to receive confirmation. Late opt-out requests cannot be accepted.

📬 Mandatory Confirmation Process

Inkwellmart commits to automatically send written confirmation of all opt-out requests. Upon receipt of your opt-out notice, we will send you a confirmation email within 10 business days to the email address you provided (or if you opted out by mail without an email address, we will send a confirmation letter to your mailing address within 10 business days). This confirmation serves as official proof that you have successfully opted out of the arbitration agreement. If you do not receive confirmation within 10 business days of sending your opt-out, contact arbitration-optout@inkwellmart.com immediately to verify receipt and request a confirmation reissue.

What happens after you opt out:

  • You will receive written confirmation of your opt-out within 10 business days (by email or mail)
  • You and Inkwellmart will NOT be bound by this arbitration agreement
  • All other parts of these Terms and Conditions will continue to apply
  • You retain your right to sue in court and participate in class actions
  • Opt-out is permanent and cannot be reversed

Severability of Arbitration Provision

If any part of this arbitration agreement is found to be unenforceable, the remainder shall continue to apply, except that if the class action waiver is found unenforceable, the entire arbitration agreement shall be void.

📋 Summary: What This Means for You

  • Disputes are resolved privately through arbitration, not public court proceedings
  • Arbitration is often faster and less expensive than court litigation
  • You can still file small claims (under $10,000) in small claims court
  • You have 30 days to opt out if you prefer to keep your right to sue in court
  • You give up your right to a jury trial
  • You give up your right to participate in class action lawsuits

15 Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Inkwellmart LLC

📞 Phone: 1-719-941-3516

✉️ Email: support@inkwellmart.com

🕐 Business Hours: Monday - Friday, 9:00 AM - 6:00 PM EST

📍 Mailing Address: 5347 Sherman St, Denver, CO 80216

🌐 Website: www.inkwellmart.com

16 Severability and Entire Agreement

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Inkwellmart regarding your use of our website and supersede all prior agreements and understandings.

Thank You for Choosing Inkwellmart!

We appreciate your business and are committed to providing you with quality printer supplies and excellent customer service. By using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

For the best shopping experience, we recommend creating an account to track your orders, save your preferences, and enjoy faster checkout. If you have any questions or concerns, our customer service team is here to help!